Mortgages and Home Finance: Conduct of Business Sourcebook. Chapter 7A. Additional MCD disclosure: start of contract and after sale

Transcription

1 Mortgages and Home Finance: Conduct of Business Sourcebook Chapter Additional MCD disclosure: start of contract and after sale

2 MCOB : Additional MCD Section.1 : Application and general.1 Application and general.1.1 This chapter applies to a firm that is an MCD mortgage lender or an MCD mortgage administrator..1.2 A firm must provide the information required by this chapter in a durable medium. MCOB /2 elease 31 Sep 2018

3 MCOB : Additional MCD Section.2 : Notification of interest-rate changes.2 Notification of interest-rate changes.2.1 When giving notice to a consumer of any changes that the consumer is required to make resulting from interest-rate changes for an MCD regulated mortgage contract, a firm must: (1) give notice of the amount of the payments to be made after the new interest-rate change takes effect; and (2) where the number or frequency of the payments will change, give particulars of these changes. [Note: article 27(1) of the MCD] elease 31 Sep MCOB /3

4 MCOB : Additional MCD Section.3 : Early repayment disclosure.3 Early repayment disclosure.3.1 (1) If a consumer notifies a firm that they wish to discharge their obligations under an MCD regulated mortgage contract prior to its expiry, the firm must provide the consumer, without delay, with the information necessary to allow them to consider that option. (2) The information under (1) must: (a) quantify the implications for the consumer of discharging their obligations prior to the expiry of the MCD regulated mortgage contract; and (b) clearly set out any assumptions that have been used. (3) The assumptions under (2)(b) must be reasonable and justifiable. [Note: article 25(4) of the MCD] MCOB /4 elease 31 Sep 2018

5 MCOB : Additional MCD Section.4 : Foreign currency loans and significant exchange-rate movement disclosure.4 Foreign currency loans and significant exchange-rate movement disclosure.4.1 (1) A firm must warn any consumer with a foreign currency loan, on a regular basis, where the value of either: (a) the total amount payable by the consumer which remains outstanding; or (b) the regular instalments; varies by more than 20% from what it would be if the exchange rate between the currency of the MCD regulated mortgage contract and the currency of the EEA State, applicable at the time of the conclusion of the MCD regulated mortgage contract, were applied. (2) The warning in (1) must inform the consumer of a rise in the total amount payable by the consumer, setting out the right to convert to an alternative currency, where applicable, and the conditions for doing so. It must also explain any other applicable mechanisms for limiting the exchange-rate risk to which the consumer is exposed. [Note: article 23(4) of the MCD].4.2 A firm must disclose to the consumer its arrangements for complying with the obligations in MCOB.4.1 in the MCD regulated mortgage contract. [Note: article 23(6) of the MCD] elease 31 Sep MCOB /5

6 MCOB : Additional MCD Section.5 : Notification of changes resulting from auctions on the capital market.5 Notification of changes resulting from auctions on the capital market.5.1 In relation to an MCD regulated mortgage contract, where there is an auction on the capital markets which will, or might reasonably be expected to, result in an interest-rate change, the firm must give the consumer, in good time before the auction, notice in a durable medium of: (1) the upcoming procedure for the auction; and (2) an indication of how the interest rates could be affected. [Note: article 27(4) of the MCD] MCOB /6 elease 31 Sep 2018